Forde (orse Egan) v Personal Insolvency Acts 2012-2015 [2020] IEHC 102 (02 March 2020)

Forde (orse Egan) v Personal Insolvency Acts 2012-2015 [2020] IEHC 102 (02 March 2020)

The bank's appeal raised no novel legal issue and was inconsistent with settled case law, particularly J.D. [2017] IEHC 119 and Ahmed Ali [2019] IEHC 138. The bank pursued the appeal for commercial interests, and comprehensive evidence supported the arrangement. Therefore, costs should be awarded against the bank for the appeal.

Citation
[2020] IEHC 102
Parties
Debtor: Rebecca Forde Egan; Objecting Creditor: Bank of Ireland Mortgage Bank
Jurisdiction
Ireland
Judgment Date
02 March 2020
Procedural Posture
Circuit Appeal (personal Insolvency) / Judgment on Costs After Appeal Dismissed
Outcome
Costs awarded against the objecting creditor bank.
Legal Topics
Personal Insolvency Arrangements, Costs in Appeals, Creditor Objections
Insolvency Civil Procedure Personal Insolvency Arrangements Costs in Appeals Creditor Objections

Case Brief

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Parties

Rebecca Forde Egan

Debtor

Bank of Ireland Mortgage Bank

Objecting Creditor

Procedural Posture

Circuit Appeal (personal Insolvency) / Judgment on Costs After Appeal Dismissed

Legal Issues

  1. 1 Whether costs should be awarded against an unsuccessful objecting creditor on appeal under s. 115A of the Personal Insolvency Act 2012-2015
  2. 2 Whether the legal issue raised by the bank was novel or previously settled
  3. 3 Appropriate approach to costs in insolvency appeals

Ratio Decidendi

The bank's appeal raised no novel legal issue and was inconsistent with settled case law, particularly J.D. [2017] IEHC 119 and Ahmed Ali [2019] IEHC 138. The bank pursued the appeal for commercial interests, and comprehensive evidence supported the arrangement. Therefore, costs should be awarded against the bank for the appeal.

Court Disposition

Costs awarded against the objecting creditor bank.

Orders

  • Bank of Ireland Mortgage Bank to pay costs of the appeal, including written submissions, October 2019 hearing, and January 2020 costs hearing; costs to be adjudicated if not agreed.